Malaysia
Classified report: Social activist Amri, Pastor Raymond Koh not victims of enforced disappearance, High Court told
A view of the High Court in Kuala Lumpur. Social activist Amri Che Mat and Pastor Raymond Koh were not victims of enforced disappearance, the High Court heard today. — Picture by Shafwan Zaidon

KUALA LUMPUR, Oct 22 — Social activist Amri Che Mat and Pastor Raymond Koh were not victims of enforced disappearance, the High Court heard today.

According to Malaysiakini, a special task force (STF) report classified under the Official Secrets Act 1972 pointed to rogue police officers acting without orders from their superiors.

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"The task force finds that the disappearance of Pastor Raymond Koh is not enforced disappearance per ICP, whereby there was no denial by the government and police force in the disappearance or hiding of Koh and Amri,” said former STF chairperson Datuk Abdul Rahim Uda.

The retired Shah Alam High Court judge explained that the cases involving Amri on November 24, 2016, and Koh on February 13, 2017, did not meet the requirements for enforced disappearance under the International Convention for the Protection of All Persons from Enforced Disappearance (ICP).

Abdul Rahim made these remarks while reading from the report before judge Su Tiang Joo.

Abdul Rahim elaborated on the findings, emphasising that the task force concluded there was no state denial of involvement in the disappearances.

"The task force finds that the disappearance of Koh is not enforced disappearance per ICP, whereby there was no denial by the government and police force in the disappearance or hiding of Koh and Amri,” he stated.

Responding to questions from Koh’s family counsel, Steven Thiru, about police denial of their involvement, Abdul Rahim reiterated that there was none.

He identified the main suspect in the disappearances as Saiful Bahari Abd Aziz, a contract worker associated with the quarters of Bukit Aman’s Special Branch from 2006 to 2018.

The task force noted that Saiful’s gold-coloured Toyota Vios, registration plate PFC 1623, was spotted at or near the scenes of both Amri’s and Koh’s disappearances in Kangar, Perlis, and Petaling Jaya, Selangor.

Rahim criticised the police for their lack of diligence in not producing Saiful’s contract details or interviewing him, saying they were "cuai” or lax.

"The most glaring one was his (Saiful) Toyota Vios car seen at the scenes of Amri and Koh’s abductions. He was attached to the Special Branch headquarters (at Bukit Aman) as a quarters supervisor,” Abdul Rahim remarked.

He expressed disbelief at the police’s decision to keep a contract worker for such an extended period without proper oversight, questioning,

"Why engage a contract officer for 12 years, and when the issue (disappearances) erupted, he disappeared into thin air? Very strange.”

Abdul Rahim further criticised the investigation, stating, "We are not satisfied with the (police) investigation regarding Saiful. We feel more could have been done and in a much better way.”

He also highlighted that four police officers — Khor Yi Shuen, Azizie Abd Hamid, Shamzaini Daud, and Hazril Kamis — had not adequately conducted the probe into the disappearances.

"Work-wise, they did not come up to par as police officers. They did not do enough in the two cases,” he said.

In discussing the circumstances of Koh’s abduction, Abdul Rahim referred to a viral 2017 video showing the incident, stating that the Road Transport Department did not have any records of the registration numbers of the vehicles surrounding Koh’s car at the time of his abduction.

He mentioned that a police officer who was interviewed by the task force indicated that the abduction did not appear to be carried out by professionals, remarking that trained commandos would avoid conducting operations in public areas where bystanders could be harmed.

Earlier oral evidence from another former task force member, Datuk Zamri Yahya, suggested that Amri and Koh may have been abducted by rogue police officers in collaboration with members of religious organisations.

As the civil court hearing continues, Koh’s family seeks to compel the police and the government to disclose the whereabouts of the 68-year-old pastor.

The task force’s findings have raised further questions about police accountability and transparency regarding these disappearances.

In 2019, the Human Rights Commission of Malaysia (Suhakam) ruled that both Amri and Koh were victims of enforced disappearance perpetrated by members of the Special Branch from Bukit Aman.

Following this finding, Koh’s wife, Susanna Liew, 67, filed a civil suit against the police and government, while Amri’s wife, Norhayati Mohd Ariffin, initiated a separate lawsuit seeking the same information about her husband’s fate, relying on the STF report in both cases.

The hearing for Koh’s family suit resumes tomorrow.

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